The Cantabria Supreme Court of Justice (TSJC) upheld the State Court’s sentence, which was convicted last December. eight years in prison for a man who committed a crime sexual assault about your partner’s daughter, 21 year old girl. He is also sentenced to five years of probation, banned for thirteen years from profession or trade involving contact with minors, and prohibited from approaching and communicating with a young woman for ten years. He was compensated with 12.000 Euros. .
The court also confirms the conviction as the author of an article. The crime of neglecting the biological mother The girl who was fined 2,160 euros for witnessing the events and not doing anything to prevent it. TSJC Law and Criminal Division, both demanding that the young woman’s mother be convicted of a more serious crime; by both defendants who demanded his acquittal, the first because he was outside the room where the events took place, as he claimed, and the second because he claimed consent to the relationship.
However, TSJC has a comprehensive sentence that reviews all tests published today and responds to each. Concluding that the grounds of appeal should be dismissed, the Trial affirms its decision.
Proven facts
According to the proven facts, the young woman, who had just arrived in Santander to spend a few days with the two defendants and her biological mother, lay on the bed while she was in a hotel room when she started to feel unwell. and “sleepy”. The accused took the opportunity to “lie down on the bed, stripped her from the waist down, took off her panties and shoes, and while she resisted the punctureHe pushed her and said she wanted to break up, she managed to enter him vaginally”.
While sexual intercourse was taking place, the young woman’s mother entered the room, “doing nothing to prevent her from continuing.”
After a while, the young woman managed to get rid of the accused, ran out of the room she came from and asked some neighbors for help. the panic and anxiety she presented”. The Chamber rejected the young woman’s claim that her biological mother had been sentenced. author of sexual assault crime by negligence, since for this it would be necessary for the convict to have a legal obligation to act, that is, to be in the position of guarantor.
He explains that this position arises between parents and underage children, in which case the young woman is 21 years old, also “they don’t have a stable relationship or live together, and she also has a legal family.” ”
The Court therefore convicted the applicant not of negligent sexual assault, but of negligence in his duty to prevent crimes. This was one of the reasons for the appeal of the mother, who claimed that she had been convicted of an uncharged crime. However, the TSJC explains that vulnerability will only exist if self-defense against any element of the crime is not possible.does not occur in this case. The second reasoning of the applicant refers to the fact that the court was not in the room where the attack took place, which confirmed the victim’s “candid” statement and that “it does not represent any significant change”. nuclear “.
Finally, with regard to the defendant’s objection, it shows that the penetration was confirmed by the young woman’s statement and supported by the result of the analysis of the samples taken, which concluded that the defendant’s semen was present. He also considers that the behavior of the young woman who escaped from the hotel room without her underwear confirms the attack. demonstrated terror, as testified by witnesses and also due to the result of the emergency medical examination and Gynecology Service.
Concerning his alleged consent, he states that the victim’s statement “fulfilled the requirements of case law and was supported by objective elements that cannot be said about the appellant’s version”. “It is not believable, it contradicts the reality because of the existence of penetration”. Finally, he rejects the application of the defense or alleviation of drug addiction and alcohol abuse, which his defense requested, because “there are no medical data that allow us to confirm the presence of drunkenness or abstinence near the date of the events”.
Considering the lightness of the crime, the application of the mitigating type is also not accepted, because as he explained, it is a type that is applied to mild cases and is not applied to the crime of rape. The penalty is not final, as it is possible to file an appeal with the Supreme Court.
Source: Informacion
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